True or False?True or False?

White collar workers have fewer drug White collar workers have fewer drug problems than blue collar workers.problems than blue collar workers.

Marijuana leaves the body with 28 Marijuana leaves the body with 28 days of smoking it.days of smoking it.

Alcoholics drink every day.Alcoholics drink every day. It’s safe to experiment with “ice” for It’s safe to experiment with “ice” for

a few months.a few months. Hawaii consumes more beer per Hawaii consumes more beer per

person than any other state in the person than any other state in the nation.nation.

The The ALCOHOL And ALCOHOL And

DRUG DRUG TESTING (DAT) TESTING (DAT)

ProgramProgram

The The ALCOHOL And ALCOHOL And

DRUG DRUG TESTING (DAT) TESTING (DAT)

ProgramProgramMandatory Presentation to College Mandatory Presentation to College

Employees of HGEA Bargaining Employees of HGEA Bargaining Units 02, 03, and 04 March 1, 2007, GT-Units 02, 03, and 04 March 1, 2007, GT-

105105

Mandatory Presentation to College Mandatory Presentation to College Employees of HGEA Bargaining Employees of HGEA Bargaining

Units 02, 03, and 04 March 1, 2007, GT-Units 02, 03, and 04 March 1, 2007, GT-105105

Leeward Community Leeward Community CollegeCollege

Announcements:Announcements:

This presentation is This presentation is an example of an example of ““preaching to the preaching to the choirchoir.”.”

The program to be The program to be presented is presented is NOTNOT about about RandomRandom Drug Testing.Drug Testing.

PurposePurposePurposePurpose

Keep the Keep the workplace free from the hazardsworkplace free from the hazards of alcohol and controlled substance use.of alcohol and controlled substance use.

Promote Promote employee performanceemployee performance of duty of duty in a safe and productive manner.in a safe and productive manner.

Provide Provide “due process”“due process” for employees for employees subject to:subject to: Drug and alcohol testing, andDrug and alcohol testing, and Disciplinary actions that may result.Disciplinary actions that may result.

Keep the Keep the workplace free from the hazardsworkplace free from the hazards of alcohol and controlled substance use.of alcohol and controlled substance use.

Promote Promote employee performanceemployee performance of duty of duty in a safe and productive manner.in a safe and productive manner.

Provide Provide “due process”“due process” for employees for employees subject to:subject to: Drug and alcohol testing, andDrug and alcohol testing, and Disciplinary actions that may result.Disciplinary actions that may result.

Source DocumentsSource Documents Memorandum of Agreement (MOA)Memorandum of Agreement (MOA)

February 14, 2003February 14, 2003 Hawaii Government Employees Association Hawaii Government Employees Association

(HGEA) (HGEA) Hawaii State Government & County Hawaii State Government & County

GovernmentsGovernments New collective bargaining provisionNew collective bargaining provision Bargaining units (BU) 02, 03, 04, 09, and 13Bargaining units (BU) 02, 03, 04, 09, and 13

Executive Order 03-10Executive Order 03-10 October 24, 2003October 24, 2003 Excluded employees of BU 02, 03, 04, 09, and Excluded employees of BU 02, 03, 04, 09, and

13 13

DefinitionsDefinitions ALCOHOLALCOHOL: “An intoxicating agent in : “An intoxicating agent in

beverage alcohol, ethyl alcohol, or other beverage alcohol, ethyl alcohol, or other low molecular weight including methyl low molecular weight including methyl alcohol and isopropyl alcohol.”alcohol and isopropyl alcohol.”

CONTROLLED SUBSTANCE (DRUG)CONTROLLED SUBSTANCE (DRUG): : “Substance other than alcohol such as “Substance other than alcohol such as marijuana, cocaine, opiates, marijuana, cocaine, opiates, amphetamines, and phencyclidine. Other amphetamines, and phencyclidine. Other substances under the substances under the Controlled Substance Controlled Substance ActAct may be added after consultation and may be added after consultation and mutual agreement with Union.”mutual agreement with Union.”

DAT Categories of DAT Categories of Employees Employees

Reasonable Suspicion: All EmployeesReasonable Suspicion: All Employees Post-Accident: Regular DriversPost-Accident: Regular Drivers Random: Health, Safety, or Public Trust (HSPT)* Random: Health, Safety, or Public Trust (HSPT)* EmployeesEmployees Pre-Duty: Employees Applying For HSPT TAPre-Duty: Employees Applying For HSPT TA Probationary: Initial/New HSPT EmployeesProbationary: Initial/New HSPT Employees Return to Work: Employees Who Test PositiveReturn to Work: Employees Who Test Positive Follow-Up: Employees Continuing Rehabilitation Follow-Up: Employees Continuing Rehabilitation

After A Negative Return to Work After A Negative Return to Work Test Test

** Deputy Sheriffs and Conservation & Resource Enforcement Deputy Sheriffs and Conservation & Resource Enforcement Officers OnlyOfficers Only

Categories of LCC Categories of LCC Employees Employees

Reasonable SuspicionReasonable Suspicion: All Employees: All Employees

Return to Work: For Employees Who Return to Work: For Employees Who Have Have Tested PositiveTested Positive

Follow-Up: Employees Continuing Follow-Up: Employees Continuing Rehabilitation After A Negative Return to Rehabilitation After A Negative Return to

Work Test Work Test

Reasonable SuspicionReasonable Suspicion

BU 02 (Blue Collar Supervisor): Article 50BU 02 (Blue Collar Supervisor): Article 50 BU 03 (White Collar Employee): Article 52BU 03 (White Collar Employee): Article 52 BU 04 (White Collar Supervisor): Article 50BU 04 (White Collar Supervisor): Article 50

““The Union and Employer have reached an The Union and Employer have reached an agreement on alcohol and controlled agreement on alcohol and controlled

substance testing. Part one of the substance testing. Part one of the agreement pertains to alcohol and agreement pertains to alcohol and

controlled substance testing for all controlled substance testing for all Employees based Employees based

on ‘reasonable suspicion’…”on ‘reasonable suspicion’…”

Prohibitions - AlcoholProhibitions - Alcohol1. Report to work and work with alcohol 1. Report to work and work with alcohol

concentration of 0.04 or higher.concentration of 0.04 or higher.

2. Possess alcohol while working.2. Possess alcohol while working.

3. Consume alcohol while working.3. Consume alcohol while working.

4. Work within 4 hours after using alcohol.4. Work within 4 hours after using alcohol.

5. Use of alcohol for 8 hours after an 5. Use of alcohol for 8 hours after an accident, or until employees completes accident, or until employees completes alcohol test.alcohol test.

6. Work after voluntarily admitting to alcohol 6. Work after voluntarily admitting to alcohol problem until a negative return to work problem until a negative return to work test is received.test is received.

7. Refuse to submit to a required alcohol 7. Refuse to submit to a required alcohol testtest. .

Prohibitions - DrugsProhibitions - Drugs1. Report to work and work with a controlled 1. Report to work and work with a controlled

substance in system EXCEPT when substance in system EXCEPT when prescribed by employee’s physician and prescribed by employee’s physician and used as directed.used as directed.

2. Possess alcohol while working EXCEPT 2. Possess alcohol while working EXCEPT when prescribed by employee’s physician when prescribed by employee’s physician and used as directed.and used as directed.

3. Work after voluntarily admitting to 3. Work after voluntarily admitting to controlled substance problem until a controlled substance problem until a negative return to work test is received.negative return to work test is received.

4. Refuse to submit to a required alcohol 4. Refuse to submit to a required alcohol testtest. .

Reasonable SuspicionReasonable Suspicion

““A supervisor* may direct an A supervisor* may direct an employee to submit to an alcohol employee to submit to an alcohol

and/or controlled substance test and/or controlled substance test when that supervisor has reasonable when that supervisor has reasonable

suspicion to believe an employee suspicion to believe an employee have violated the prohibitions.”have violated the prohibitions.”

______________________________________________________________* Employer designate (LCC Administrator or HR staff) who * Employer designate (LCC Administrator or HR staff) who

every 5 years has undergone training of at least 1 hour every 5 years has undergone training of at least 1 hour of alcohol misuse training and 1 hour of controlled of alcohol misuse training and 1 hour of controlled substance use and indicators of probable use and substance use and indicators of probable use and misuse. LCC officials underwent 4 hours of DAT training misuse. LCC officials underwent 4 hours of DAT training in July 2006.in July 2006.

Reasonable SuspicionReasonable Suspicion Based on specific contemporaneous*, Based on specific contemporaneous*,

articulable** observation by articulable** observation by Supervisor of employee’s appearance, Supervisor of employee’s appearance, behavior, speech, or body odor.behavior, speech, or body odor.

Observed employee witnessed by Observed employee witnessed by another employee.another employee.

Written record of observation within Written record of observation within 24 hours of observation with copy to 24 hours of observation with copy to employee.employee.

______________________________________________________________________________________* Current or recent; without unreasonable delay. * Current or recent; without unreasonable delay. ** Recognized symptom of impairment of alcohol or ** Recognized symptom of impairment of alcohol or

controlled substance use, and not reasonably controlled substance use, and not reasonably explained by other causes. explained by other causes.

Testing - GeneralTesting - General

Should there be reasonable suspicion of a Should there be reasonable suspicion of a violation of the prohibitions, you will violation of the prohibitions, you will receive an receive an Alcohol and/or Controlled Alcohol and/or Controlled Substance Test NotificationSubstance Test Notification..

Purpose: Test for Alcohol and/or Controlled Purpose: Test for Alcohol and/or Controlled SubstanceSubstance

Type of Test: Reasonable Suspicion Type of Test: Reasonable Suspicion Employee to be Tested: Name and Employee to be Tested: Name and

DepartmentDepartment Test Information: Date, Time, and LocationTest Information: Date, Time, and Location Other: “I understand…” StatementOther: “I understand…” Statement

Testing - AlcoholTesting - Alcohol

Comply with U.S. DOT rules (as defined)Comply with U.S. DOT rules (as defined) Protect employee’s privacy and be Protect employee’s privacy and be

attributable to correct employeeattributable to correct employee Method: Method:

Evidential Breath Test Device (EBT)Evidential Breath Test Device (EBT) Conducted by a Breath Alcohol Technician (BAT) Conducted by a Breath Alcohol Technician (BAT) Vendor: Clinical Laboratories of HawaiiVendor: Clinical Laboratories of Hawaii

Positive: Positive: << 0.04 alcohol concentration level 0.04 alcohol concentration level Confirmatory test mandatoryConfirmatory test mandatory

Testing – Controlled Testing – Controlled SubstancesSubstances

Comply with U.S. DOT rules (as defined)Comply with U.S. DOT rules (as defined) Protect employee’s privacy and be Protect employee’s privacy and be

attributable to correct employeeattributable to correct employee Method: Method:

““Split Sample” Urinalysis Split Sample” Urinalysis Immunoassay & Gas ChromatographyImmunoassay & Gas Chromatography Vendor: Clinical Laboratories of HawaiiVendor: Clinical Laboratories of Hawaii

Positive: Detection of controlled Positive: Detection of controlled substances at prohibited concentration substances at prohibited concentration levelslevels

Medical Review Officer (MRO)Medical Review Officer (MRO) 33rdrd Party Certified Laboratory Party Certified Laboratory

Testing – Primary QuestionTesting – Primary Question

Is there a requirement that Is there a requirement that you submit to alcohol and you submit to alcohol and drug testing if directed?drug testing if directed?

YESYESAn employee who refuses to An employee who refuses to “submit to a required test” “submit to a required test”

shall be discharged. shall be discharged.

Refusal to TestRefusal to Test

1. Fails to provided adequate breath for 1. Fails to provided adequate breath for alcohol testing without valid medical alcohol testing without valid medical explanation.explanation.

2. Fails to provide adequate urine sample for 2. Fails to provide adequate urine sample for controlled substance testing except as controlled substance testing except as determined by medical evaluation.determined by medical evaluation.

Refusal to TestRefusal to Test

1. Fails to provided adequate breath for 1. Fails to provided adequate breath for alcohol testing without valid medical alcohol testing without valid medical explanation.explanation.

2. Fails to provide adequate urine sample for 2. Fails to provide adequate urine sample for controlled substance testing except as controlled substance testing except as determined by medical evaluation.determined by medical evaluation.

3. Engages in conduct that obstructs the 3. Engages in conduct that obstructs the testing process such as:testing process such as: Refusal to take a test by statement or action.Refusal to take a test by statement or action. Refusal to sign appropriate forms as required.Refusal to sign appropriate forms as required.

(Continued)(Continued)

Refusal to Test -ContinuedRefusal to Test -Continued

3. Engages in conduct that obstructs the 3. Engages in conduct that obstructs the testing process such as: (continued)testing process such as: (continued) Failure to report for a scheduled appointment.Failure to report for a scheduled appointment. Failure to report at collection site in allotted Failure to report at collection site in allotted

time.time. Failure to provide adequate breath or urine Failure to provide adequate breath or urine

specimen with reasonable time period.specimen with reasonable time period. Tampering with or attempting to adulterate Tampering with or attempting to adulterate

specimen or collection procedure.specimen or collection procedure. Failure to cooperate or comply with BAT, MRO, Failure to cooperate or comply with BAT, MRO,

or Substance Abuse Professional (SAP).or Substance Abuse Professional (SAP). Engages in conduct that clearly obstructs the Engages in conduct that clearly obstructs the

testing process.testing process.

2 Strikes and You’re Out2 Strikes and You’re Out

1. First Positive Test: Employee Is 1. First Positive Test: Employee Is Discharged…Discharged…

Unless…Signs “Last Chance Agreement” Unless…Signs “Last Chance Agreement” Will resign in event of 2Will resign in event of 2ndnd positive test; positive test; Accept an immediate 20 working day Accept an immediate 20 working day

suspension;suspension; Submit to SAP evaluation and complete all Submit to SAP evaluation and complete all

educational and rehabilitation requirements;educational and rehabilitation requirements; Submit to Return to Work and follow-up testing Submit to Return to Work and follow-up testing

recommended by SAP; andrecommended by SAP; and Pay for all treatment and rehabilitation costs.Pay for all treatment and rehabilitation costs.

2 Strikes and You’re Out2 Strikes and You’re Out

1. First Positive Test: Employee Is 1. First Positive Test: Employee Is Discharged…Discharged…

Unless…Signs “Last Chance Agreement” Unless…Signs “Last Chance Agreement” Will resign in event of 2Will resign in event of 2ndnd positive test; positive test; Accept an immediate 20 working day suspension;Accept an immediate 20 working day suspension; Submit to SAP evaluation and complete all Submit to SAP evaluation and complete all

educational and rehabilitation requirements; educational and rehabilitation requirements; Produce negative test result.Produce negative test result. Submit to Return to Work and follow-up testing Submit to Return to Work and follow-up testing

recommended by SAP.recommended by SAP.

2. Second Positive Test: Employee Is 2. Second Positive Test: Employee Is Discharged.Discharged.

Who Pays?Who Pays?

Employer Expenses:Employer Expenses: All Required DAT TestsAll Required DAT Tests SAP Evaluations & ServicesSAP Evaluations & Services

Employee Expenses:Employee Expenses: Split Urinalysis Testing: 3Split Urinalysis Testing: 3rdrd Party Party

LaboratoryLaboratory Education and Rehabilitation ProgramEducation and Rehabilitation Program Training ProgramTraining Program Tests in Rehabilitation Program (as Tests in Rehabilitation Program (as

required)required)

Employer MOA Employer MOA RequirementsRequirements

Obtain a Obtain a signed statementsigned statement from the employee that from the employee that you have been provided you have been provided Employee’s HandbookEmployee’s Handbook..

ExplainExplain the Drug & Alcohol Testing Program: the Drug & Alcohol Testing Program: DAT employee categories;DAT employee categories; Prohibited conduct;Prohibited conduct; Circumstances that may result in D & A testing;Circumstances that may result in D & A testing; Procedures that will be used;Procedures that will be used; ““Refusal to Test” definition and examples;Refusal to Test” definition and examples; Consequences for violating Agreement;Consequences for violating Agreement;o Effects of alcohol and controlled substances; andEffects of alcohol and controlled substances; ando Employee designate information. Employee designate information.

Effects of Drugs and AlcoholEffects of Drugs and Alcohol

Employee’s HandbookEmployee’s Handbook Alcohol: Pages 22-25Alcohol: Pages 22-25 Marijuana: Page 26Marijuana: Page 26 Cocaine: Page 27Cocaine: Page 27 Opiates: Pages 27-28Opiates: Pages 27-28 Amphetamines: Page Amphetamines: Page

2828 Phencyclidine: Page 29Phencyclidine: Page 29

Employer DesignatesEmployer Designates Michael PecsokMichael Pecsok, Interim Vice Chancellor for , Interim Vice Chancellor for

Academic Academic Affairs/Chief Academic OfficerAffairs/Chief Academic Officer

James GoodmanJames Goodman, Interim Dean, Arts & Sciences, Interim Dean, Arts & Sciences

Michael TagawaMichael Tagawa, Dean, Career & Technical , Dean, Career & Technical EducationEducation

Nicole StriegelNicole Striegel, Dean, Student Services, Dean, Student Services

Mark LaneMark Lane, Vice Chancellor for Administrative , Vice Chancellor for Administrative ServicesServices

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Michael Wong, Campus Personnel OfficerMichael Wong, Campus Personnel Officer

Lori Lei Hayashi, Personnel OfficerLori Lei Hayashi, Personnel Officer

Darren Wastell, Personnel OfficerDarren Wastell, Personnel Officer

Questions?Questions?

True or False?True or False?

White collar workers have fewer drug White collar workers have fewer drug problems than blue collar workers. problems than blue collar workers. FALSEFALSE

Marijuana leaves the body with 28 days Marijuana leaves the body with 28 days of smoking it. of smoking it. FALSEFALSE

Alcoholics drink every day. Alcoholics drink every day. FALSEFALSE It’s safe to experiment with “ice” for a It’s safe to experiment with “ice” for a

few months. few months. FALSEFALSE Hawaii consumes more beer per person Hawaii consumes more beer per person

than any other state in the nation. than any other state in the nation. TRUETRUE

THANK YOU FOR THANK YOU FOR ATTENDING!ATTENDING!

Complete, sign, and return Complete, sign, and return formform Get your Get your Employee’s Employee’s HandbookHandbook